Legal Question in Bankruptcy in Nebraska

My house is scheduled for auction on Jan.22nd. 9forclosure). My question is does filing chapter 13 stop/prevent and aid in my keeping my home.


Asked on 1/16/13, 9:25 am

3 Answers from Attorneys

Charles Andersen Charles Andersen, Atty

Yes, filing under any chapter including chapter 7 will temporarily stay the foreclosure. ..learn more

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Answered on 1/16/13, 10:46 am
Matt Jenkins DeMars, Gordon, Olson, Zalewski and Wynner

Yes, and a chapter 13 can enable you to keep your home by putting you on a payment plan to pay back the arrears while staying current on your existing mortgage.

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Answered on 1/16/13, 12:08 pm
Nancy Delain Delain Law Office, PLLC

My colleagues are correct, but they left out the time element involved. Be sure to file your petition at least 24 hours before the auction! It will then be up to you or, better, your lawyer, to contact the auctioneer and the mortgagee with a copy of the filed petition **before** the auction occurs, since the court's mailing may not reach them in time. Reclaiming auctioned property from an innocent buyer can be VERY messy; it's best to be proactive and provide the info needed before the fact to prevent the auction from occurring.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 1/17/13, 6:12 am


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